By Zaffirini S.B. No. 308
77R1053 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the State Soil and
1-3 Water Conservation Board and to the election of directors of local
1-4 soil and water conservation districts.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 201.004(a), Agriculture Code, is amended
1-7 to read as follows:
1-8 (a) If this chapter requires that notice of a hearing or an
1-9 election be given, the entity responsible for giving notice shall:
1-10 (1) publish notice at least twice, with an interval of
1-11 at least seven days between the publication dates, in a newspaper
1-12 or other publication of general circulation within the appropriate
1-13 area; and [or]
1-14 (2) post notice for at least two weeks at a reasonable
1-15 number of conspicuous places within the appropriate area,
1-16 including, if possible, public places where it is customary to post
1-17 notices concerning county or municipal affairs generally.
1-18 SECTION 2. Section 201.0141, Agriculture Code, is amended to
1-19 read as follows:
1-20 Sec. 201.0141. INELIGIBILITY TO SERVE ON BOARD. (a) In this
1-21 section, "Texas trade association" means a cooperative and
1-22 voluntarily joined association of business or professional
1-23 competitors in this state designed to assist its members and its
1-24 industry or profession in dealing with mutual business or
2-1 professional problems and in promoting their common interest.
2-2 (b) A person may not be [serve as] a member of the state
2-3 board or act as the general counsel to the state board if the
2-4 person is required to register as a lobbyist under Chapter 305,
2-5 Government Code, because [by virtue] of the person's activities for
2-6 compensation [in or] on behalf of a profession related to the
2-7 operation of the state board.
2-8 (c) [(b)] A person may not be [serve as] a member of the
2-9 state board and may not [or] be a state board [an] employee
2-10 employed in a "bona fide executive, administrative, or professional
2-11 capacity," as that phrase is used for purposes of establishing an
2-12 exemption to the overtime provisions of the federal Fair Labor
2-13 Standards Act of 1938 (29 U.S.C. Section 201 et seq.) and its
2-14 subsequent amendments, if:
2-15 (1) the person is an officer, employee, or paid
2-16 consultant of a Texas trade association in the field of soil and
2-17 water conservation; or
2-18 (2) the person's spouse is an officer, manager, or
2-19 paid consultant of a Texas trade association in the field of [of
2-20 the board if the person is an officer, employee, or paid consultant
2-21 of a statewide association whose primary purpose is soil and water
2-22 conservation.]
2-23 [(c) A person may not serve as a member of the state board
2-24 or be an employee of the board of the grade 17 or over, including
2-25 exempt employees, according to the position classification schedule
2-26 under the General Appropriations Act, if the person cohabits with
2-27 or is the spouse of an officer, managerial employee, or paid
3-1 consultant of a statewide association whose primary purpose is]
3-2 soil and water conservation.
3-3 SECTION 3. Subchapter B, Chapter 201, Agriculture Code, is
3-4 amended by adding Section 201.0142 to read as follows:
3-5 Sec. 201.0142. TRAINING PROGRAM FOR MEMBERS OF STATE BOARD.
3-6 (a) A person who is elected and qualifies for office as a member
3-7 of the state board may not vote, deliberate, or be counted as a
3-8 member in attendance at a meeting of the state board until the
3-9 person completes a training program that complies with this
3-10 section.
3-11 (b) The training program must provide the person with
3-12 information regarding:
3-13 (1) the legislation that created the state board;
3-14 (2) the programs operated by the state board;
3-15 (3) the role and functions of the state board;
3-16 (4) the rules of the state board, with an emphasis on
3-17 the rules that relate to disciplinary and investigatory authority;
3-18 (5) the current budget for the state board;
3-19 (6) the results of the most recent formal audit of the
3-20 state board;
3-21 (7) the requirements of:
3-22 (A) the open meetings law, Chapter 551,
3-23 Government Code;
3-24 (B) the public information law, Chapter 552,
3-25 Government Code;
3-26 (C) the administrative procedure law, Chapter
3-27 2001, Government Code; and
4-1 (D) other laws relating to public officials,
4-2 including conflict-of-interest laws; and
4-3 (8) any applicable ethics policies adopted by the
4-4 state board or the Texas Ethics Commission.
4-5 (c) A person appointed to the state board is entitled to
4-6 reimbursement, as provided by the General Appropriations Act, for
4-7 the travel expenses incurred in attending the training program,
4-8 regardless of whether attendance at the program occurs before or
4-9 after the person qualifies for office.
4-10 SECTION 4. Section 201.0151, Agriculture Code, is amended to
4-11 read as follows:
4-12 Sec. 201.0151. REMOVAL FROM BOARD. (a) It is a ground for
4-13 removal from the state board that [if] a member:
4-14 (1) does not have at the time of election the
4-15 qualifications required by Subsection (c) of Section 201.013 of
4-16 this code;
4-17 (2) does not maintain during service on the state
4-18 board the qualifications required by Subsection (c) of Section
4-19 201.013 of this code;
4-20 (3) is ineligible for membership under [violates a
4-21 prohibition in] Section 201.0141 of this code;
4-22 (4) cannot, because of illness or disability,
4-23 discharge [is unable to perform] the member's duties for a
4-24 substantial portion of the member's term [for which the member was
4-25 elected because of illness or disability]; or
4-26 (5) is absent from more than half of the regularly
4-27 scheduled state board meetings that [during each calendar year
5-1 which] the member is eligible to attend during a calendar year,
5-2 without an excuse approved [except when the absence is excused] by
5-3 a majority vote of the state board.
5-4 (b) The validity of an action of the state board is not
5-5 affected by the fact that the action was taken when a ground for
5-6 removal of a state board [existed for a] member exists [of the
5-7 board].
5-8 (c) If the executive director has knowledge [knows] that a
5-9 potential ground for removal exists, the executive director shall
5-10 notify the chairman of the state board. The chairman shall then
5-11 notify the governor and the attorney general that a potential
5-12 ground for removal exists. If the potential ground for removal
5-13 involves the chairman, the executive director shall notify the next
5-14 highest ranking officer of the state board, who shall then notify
5-15 the governor and the attorney general that a potential ground for
5-16 removal exists.
5-17 SECTION 5. Section 201.019(f), Agriculture Code, is amended
5-18 to read as follows:
5-19 (f) The executive director or the executive director's
5-20 designee [state board] shall provide to [its] members of the state
5-21 board and state board employees, as often as [is] necessary,
5-22 information regarding the requirements for office or employment
5-23 [their qualifications] under this chapter, including information
5-24 regarding a person's [and their] responsibilities under applicable
5-25 laws relating to standards of conduct for state officers and
5-26 employees.
5-27 SECTION 6. Section 201.0191, Agriculture Code, is amended to
6-1 read as follows:
6-2 Sec. 201.0191. EQUAL OPPORTUNITY EMPLOYMENT. (a) The
6-3 executive director or the executive director's designee shall
6-4 prepare and maintain a written policy statement that implements [to
6-5 assure implementation of] a program of equal employment opportunity
6-6 to ensure that [whereby] all personnel decisions [transactions] are
6-7 made without regard to race, color, disability [handicap], sex,
6-8 religion, age, or national origin.
6-9 (b) The policy statement must include:
6-10 (1) personnel policies, including policies relating to
6-11 recruitment, evaluation, selection, [appointment,] training, and
6-12 promotion of personnel, that show the intent of the state board to
6-13 avoid the unlawful employment practices described by Chapter 21,
6-14 Labor Code; and
6-15 (2) an [a comprehensive] analysis of the extent to
6-16 which the composition of the state board's personnel is in
6-17 accordance with state and [agency's work force that meets] federal
6-18 law and a description of [state guidelines;]
6-19 [(3) procedures by which a determination can be made
6-20 of significant underutilization in the agency's work force of all
6-21 persons of whom federal or state guidelines encourage a more
6-22 equitable balance; and]
6-23 [(4)] reasonable methods to achieve compliance with
6-24 state and [appropriately address areas of significant
6-25 underutilization in the agency's work force of all persons of whom]
6-26 federal law [or state guidelines encourage a more equitable
6-27 balance].
7-1 (c) [(b)] The policy statement must:
7-2 (1) [shall] be filed with the governor's office;
7-3 (2) [before November 1, 1985, cover an annual period,
7-4 and] be updated [at least] annually; and
7-5 (3) be reviewed by the Commission on Human Rights for
7-6 compliance with Subsection (b)(1). [The governor shall develop a
7-7 biennial report to the legislature based on the information
7-8 submitted. The report may be made separately or as a part of other
7-9 biennial reports made to the legislature.]
7-10 SECTION 7. Subchapter B, Chapter 201, Agriculture Code, is
7-11 amended by adding Section 201.0192 to read as follows:
7-12 Sec. 201.0192. STATE EMPLOYEE INCENTIVE INFORMATION. The
7-13 executive director or the executive director's designee shall
7-14 provide to state board employees information and training on the
7-15 benefits and methods of participating in the state employee
7-16 incentive program under Subchapter B, Chapter 2108, Government
7-17 Code.
7-18 SECTION 8. Section 201.023(a), Agriculture Code, is amended
7-19 to read as follows:
7-20 (a) Except as provided by Section 201.081 [201.080 of this
7-21 code], the state board shall deposit all money and securities
7-22 received by it in the state treasury to the credit of a special
7-23 fund known as the state soil conservation fund. That fund shall be
7-24 appropriated to the state board for use in the administration of
7-25 this chapter and is subject to the same care and control while in
7-26 the state treasury as other funds of the state.
7-27 SECTION 9. Section 201.0231, Agriculture Code, is amended to
8-1 read as follows:
8-2 Sec. 201.0231. COMPLAINTS. (a) The state board shall
8-3 maintain a [keep an information] file on [about] each written
8-4 complaint filed with the state board.
8-5 (b) The file must include:
8-6 (1) the name of the person who filed the complaint;
8-7 (2) the date the complaint is received by the state
8-8 board;
8-9 (3) the subject matter of the complaint;
8-10 (4) the name of each person contacted in relation to
8-11 the complaint;
8-12 (5) a summary of the results of the review or
8-13 investigation of the complaint; and
8-14 (6) an explanation of the reason the file was closed,
8-15 if the state board closed the file without taking action other than
8-16 to investigate the complaint.
8-17 (c) The state board shall provide to the person filing the
8-18 complaint and to each person who is a subject of the complaint a
8-19 copy of the state board's policies and procedures relating to
8-20 complaint investigation and resolution.
8-21 (d) The [If a written complaint is filed with the] state
8-22 board, at least quarterly until final disposition of the complaint,
8-23 [the board] shall notify the person filing the complaint and each
8-24 person who is a subject of [parties to] the complaint of [at least
8-25 quarterly regarding] the status of the investigation unless the
8-26 notice would jeopardize an undercover investigation [complaint].
8-27 SECTION 10. Section 201.025, Agriculture Code, is amended to
9-1 read as follows:
9-2 Sec. 201.025. SUNSET PROVISION. The State Soil and Water
9-3 Conservation Board is subject to Chapter 325, Government Code
9-4 (Texas Sunset Act). Unless continued in existence as provided by
9-5 that chapter, the board is abolished and this chapter expires
9-6 September 1, 2013 [2001].
9-7 SECTION 11. Section 201.026, Agriculture Code, is amended to
9-8 read as follows:
9-9 Sec. 201.026. NONPOINT SOURCE POLLUTION. (a) The state
9-10 board is the lead agency in this state for activity relating to
9-11 abating agricultural and silvicultural nonpoint source pollution.
9-12 (b) The state board shall:
9-13 (1) plan, implement, and manage programs and practices
9-14 for abating agricultural and silvicultural nonpoint source
9-15 pollution;
9-16 (2) have as a goal:
9-17 (A) setting priorities among voluntary efforts
9-18 to reduce nonpoint source pollution and promoting those efforts in
9-19 a manner consistent with the priorities; and
9-20 (B) assisting landowners in avoiding enforcement
9-21 actions necessitated by nonpoint source pollution; and
9-22 (3) provide to the agricultural community information
9-23 regarding the jurisdictions of the state board and the Texas
9-24 Natural Resource Conservation Commission related to nonpoint source
9-25 pollution.
9-26 (c) Other state agencies with responsibility for abating
9-27 agricultural and silvicultural nonpoint source pollution shall
10-1 coordinate any abatement programs and activities with the state
10-2 board.
10-3 (d) [(b)] The state board shall represent the state before
10-4 the federal Environmental Protection Agency or other federal
10-5 agencies on a matter relating to agricultural or silvicultural
10-6 nonpoint source pollution. Nothing herein shall impair the ability
10-7 of the General Land Office to represent the state before any
10-8 federal agency in matters relating to the state's participation in
10-9 the federal coastal zone management program. Nothing herein shall
10-10 impair the ability of the Texas Natural Resource Conservation
10-11 Commission to represent the state before any federal agency in
10-12 matters relating to the state's overall participation in the
10-13 Federal Water Pollution Control Act (33 U.S.C. Section 1251 et
10-14 seq.).
10-15 (e) [(c)] In an area that the state board identifies as
10-16 having or having the potential to develop agricultural or
10-17 silvicultural nonpoint source water quality problems or an area
10-18 within the "coastal zone" designated by the Coastal Coordination
10-19 Council, the state board shall establish a water quality management
10-20 plan certification program that provides, through local soil and
10-21 water conservation districts, for the development, supervision, and
10-22 monitoring of individual water quality management plans for
10-23 agricultural and silvicultural lands. Each plan must be developed,
10-24 maintained, and implemented under rules and criteria adopted by the
10-25 state board and comply with state water quality standards
10-26 established by the Texas Natural Resource Conservation Commission.
10-27 The state board shall certify a plan that satisfies the state
11-1 board's rules and criteria and complies with state water quality
11-2 standards established by the Texas Natural Resource Conservation
11-3 Commission under the commission's[. The Texas Natural Resource
11-4 Conservation Commission has the sole and] exclusive authority to
11-5 set water quality standards for all water in the state.
11-6 (f) The state board shall immediately notify the Texas
11-7 Natural Resource Conservation Commission when the state board
11-8 decertifies a water quality management plan for an animal feeding
11-9 operation.
11-10 (g) The state board shall update the state board's
11-11 identification of priority areas for the control of nonpoint source
11-12 pollution at least every four years. The state board, in
11-13 considering changes to the identified priority areas, shall
11-14 consider:
11-15 (1) bodies of water the Texas Natural Resource
11-16 Conservation Commission has identified as impaired through the
11-17 maximum daily load process;
11-18 (2) threatened areas in which action is necessary to
11-19 prevent nonpoint source pollution; and
11-20 (3) other areas of concern, including groundwater
11-21 concerns.
11-22 (h) [(d)] Complaints concerning a violation of a water
11-23 quality management plan or a violation of a law or rule relating to
11-24 agricultural or silvicultural nonpoint source pollution under the
11-25 jurisdiction of the state board shall be referred to the state
11-26 board. The state board, in cooperation with the local soil and
11-27 water conservation district, shall investigate the complaint. On
12-1 completion of the investigation, the state board, in consultation
12-2 with the soil and water conservation district, either shall
12-3 determine that further action is not warranted or shall develop and
12-4 implement a corrective action plan to address the complaint. If
12-5 the person about whom the complaint has been made fails or refuses
12-6 to take corrective action, the state board shall refer the
12-7 complaint to the Texas Natural Resource Conservation Commission.
12-8 SECTION 12. Subchapter B, Chapter 201, Agriculture Code, is
12-9 amended by adding Section 201.027 to read as follows:
12-10 Sec. 201.027. ENFORCEMENT REFERRALS RECORDS. (a) The state
12-11 board shall maintain detailed records about each state board
12-12 referral of a farming operation to the Texas Natural Resource
12-13 Conservation Commission for enforcement.
12-14 (b) Records maintained under Subsection (a) must include
12-15 information regarding the final disposition of the referral by the
12-16 Texas Natural Resource Conservation Commission, including any
12-17 enforcement action taken against the farming operation.
12-18 SECTION 13. Section 201.073, Agriculture Code, is amended to
12-19 read as follows:
12-20 Sec. 201.073. ELECTION OF DIRECTORS. (a) Except as provided
12-21 for the initial election of directors, the persons who are eligible
12-22 voters and own land in a conservation district are entitled to
12-23 elect the directors for the district. For that purpose, the
12-24 eligible voters shall meet each year on a date and at a time and
12-25 place designated by the existing board of directors. The directors
12-26 shall designate for the election a date that is after September 30
12-27 and before October 16. During July of each year, the directors
13-1 shall designate a date, time, and place for that year's election of
13-2 directors.
13-3 (b) To be eligible for election under this section, an
13-4 individual must file a written notice of the individual's
13-5 candidacy. The individual must file the notice:
13-6 (1) at the district's business office during business
13-7 hours in the month of August; and
13-8 (2) in accordance with district rules.
13-9 (c) The district shall post a notice stating the
13-10 requirements of Subsection (b) in a prominent public place.
13-11 (d) If only one individual files a notice of candidacy for a
13-12 director's office during the period specified by Subsection (b)(1):
13-13 (1) an election to fill that position is not required;
13-14 and
13-15 (2) on the established election date, the directors
13-16 shall:
13-17 (A) declare the single candidate as the director
13-18 for that office; and
13-19 (B) certify the selection of the individual as
13-20 director in the manner provided by Subsection (f) for an elected
13-21 director.
13-22 (e) If more than one individual files a notice of candidacy
13-23 for a director's office during the period specified by Subsection
13-24 (b)(1), the election shall be held at a meeting of eligible voters
13-25 scheduled under Subsection (a). The district shall print ballots
13-26 with the names of the candidates for each director's office to be
13-27 filled. The district by rule shall provide for allowing eligible
14-1 voters by personal appearance to cast votes on printed ballots at
14-2 the district's business office instead of at the meeting. The
14-3 rules must provide for votes to be accepted at the district's
14-4 business office during regular business hours for a period
14-5 beginning on the 17th day before the date of the meeting and
14-6 continuing through the fourth day before the date of the meeting,
14-7 including at least one Saturday during that period. If, because of
14-8 the date scheduled for the meeting, it is not possible to begin
14-9 early voting by personal appearance on the prescribed date, the
14-10 early voting period shall begin on the earliest practicable date as
14-11 set by the district. [The eligible voters meeting for the purpose
14-12 of electing a director shall proceed by electing a chairman, a
14-13 secretary, and tally clerks. Nominations are then in order, and
14-14 when nominations have ceased, the secretary shall announce the
14-15 nominees.] Each eligible voter present at the scheduled meeting
14-16 shall cast a vote by ballots printed under this subsection [written
14-17 ballot]. If after tabulation by the district of the votes cast at
14-18 the district office and the votes cast at the meeting [by the tally
14-19 clerks] no nominee has received a majority of the votes [cast], the
14-20 two candidates receiving the largest number of votes shall be voted
14-21 on in a second ballot, and the candidate receiving the largest
14-22 number of votes among those cast at the district office and those
14-23 cast at the meeting in the second ballot is elected. The district
14-24 by rule shall provide for certifying eligible voters voting at the
14-25 district office and at the meeting.
14-26 (f) [(c)] The directors [secretary] shall:
14-27 (1) record the proceedings of the meeting; and
15-1 (2) not [shall, no] later than the fifth day after the
15-2 date [day] of the election, certify to the state board the name and
15-3 the proper address of the person elected.
15-4 (g) [(d)] The Election Code does not apply to elections
15-5 under this section.
15-6 SECTION 14. Section 201.303(d), Agriculture Code, is amended
15-7 to read as follows:
15-8 (d) The state board shall set priorities for allocation of
15-9 cost-share assistance funds consistent with the purposes provided
15-10 by Section 201.302 of this code. The state board may consider
15-11 local priorities and needs in establishing priorities. The state
15-12 board shall:
15-13 (1) give greater weight among the priorities set under
15-14 this subsection to allocation of funds to owners of land adjacent
15-15 to the priority areas identified under Section 201.026(e); and
15-16 (2) keep records of financial incentive disbursements
15-17 to owners of land adjacent to the priority areas identified under
15-18 Section 201.026(e).
15-19 SECTION 15. (a) The changes in law made by this Act in the
15-20 qualifications of, and the prohibitions applying to, the members of
15-21 the State Soil and Water Conservation Board do not affect the
15-22 entitlement of a person serving as a member of the board
15-23 immediately before September 1, 2001, to continue to carry out the
15-24 functions of the person's office for the remainder of the person's
15-25 term. The changes in law apply only to a person appointed on or
15-26 after September 1, 2001. This Act does not prohibit a person who
15-27 is a member of the State Soil and Water Conservation Board
16-1 immediately before September 1, 2001, from being reappointed as a
16-2 board member if the person has the qualifications required for the
16-3 position under Chapter 201, Agriculture Code, as amended by this
16-4 Act.
16-5 (b) The changes in law made by this Act to Section 201.073,
16-6 Agriculture Code, apply only to an election of directors of a soil
16-7 and water conservation district required to be held in 2002 or a
16-8 subsequent year. An election of a director in 2001 is governed by
16-9 the law as it existed immediately before the effective date of this
16-10 Act, and the former law is continued in effect for that purpose.
16-11 SECTION 16. This Act takes effect September 1, 2001.